Court : Karnataka Dharwad
..... cannot challenge the setting up of a new cinema house because it does not result in injury to a legal right or legally protected interest, the business competition causing it being a lawful activity. the decision relied upon by the learned counsel for the petitioner in the case of sai chalchitra is rendered by the ..... legislation the applicability of rule 12 cannot be excluded is untenable.20. the petitioners have also challenged the impugned rule on the ground that the amended rules have been amended so as to circumvent the judgment of the division bench of this court in the case of state of41karnataka -vs- mandya district wines merchants association ..... considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this state legislature. nobody has challenged the amended rules or within the scope of delegated authority under section 71 of the act. if the main act is within the legislative competence of the state legislature and .....
Tag this Judgment!Court : Karnataka Dharwad
..... execution of the gift deed for which relief the plaintiff ought to have approached the competent civil court. he further submitted that under section 41 of the act, the board can amend the register of auqaf at any time. he also submitted that since the plaintiff did not challenge the corrigendum dated 13 crp no.1091/2011 03.11 ..... singh harike and connected matter reported in (2019) 4 scc698 the hon ble apex court was pleased to observe that under section 83(1) of the act (as it stood prior to amendment in 2013), the state government shall by notification in the official gazette constitute as many tribunals as it may think fit. the words following the above ..... to issue further corrigendum in respect of the suit plots. that being the case, the plaintiff filed its objection before the defendant no.2 which defendant on 22.03.2007 appointed one syed habeebulla, k.a.s., head quarter assistant of koppal as enquiry officer regarding the subject-matter of the suit. the said enquiry officer after a .....
Tag this Judgment!Court : Karnataka Dharwad
..... or periodicals or journals etc., on subjects of law. (g) to examine and offer suggestions to appropriate authorities on legislation or proposed legislation and formation or amendment of rules of procedure and to offer suggestions on all other matters relating to legal profession.-. 85 - (h) to establish and manage or assist in the ..... for the use of the litigant public and members of the bar) earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, are - 74 - taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature. any dispute ..... therefore, protected.19. second objection regarding maintainability of the writ petition on this - 71 - ground that high court bar association being registered under societies registration act is not amenable to writ jurisdiction under article 226, constitution of india, it will suffice to mention that at this stage writ petition does lie and is .....
Tag this Judgment!Court : Karnataka Dharwad
..... concerned or of any other person. 24 (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.12. a perusal of this provision would show that shri sahoo is correct in stating that the claimant need not plead or establish that the death in ..... the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.].14. the compensation that is available in a claim under section 163a of the act is hedged by the stipulation made in the second schedule to the legal heirs of the victim. the second schedule reads as ..... will be referred to as per their ranking before the claims tribunal.3. facts giving rise to the filing of the appeals briefly stated are that, on 08.12.2007 the deceased was riding a motorcycle bearing reg.no.mh-08/m-2717 from 7 ratnagiri to pavsas along with his friend, who was a pillion rider. while riding the .....
Tag this Judgment!Court : Karnataka Dharwad
..... concerned or of any other person. 24 (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.12. a perusal of this provision would show that shri sahoo is correct in stating that the claimant need not plead or establish that the death in ..... the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.].14. the compensation that is available in a claim under section 163a of the act is hedged by the stipulation made in the second schedule to the legal heirs of the victim. the second schedule reads as ..... will be referred to as per their ranking before the claims tribunal.3. facts giving rise to the filing of the appeals briefly stated are that, on 08.12.2007 the deceased was riding a motorcycle bearing reg.no.mh-08/m-2717 from 7 ratnagiri to pavsas along with his friend, who was a pillion rider. while riding the .....
Tag this Judgment!Court : Karnataka Dharwad
..... concerned or of any other person. 24 (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.12. a perusal of this provision would show that shri sahoo is correct in stating that the claimant need not plead or establish that the death in ..... the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.].14. the compensation that is available in a claim under section 163a of the act is hedged by the stipulation made in the second schedule to the legal heirs of the victim. the second schedule reads as ..... will be referred to as per their ranking before the claims tribunal.3. facts giving rise to the filing of the appeals briefly stated are that, on 08.12.2007 the deceased was riding a motorcycle bearing reg.no.mh-08/m-2717 from 7 ratnagiri to pavsas along with his friend, who was a pillion rider. while riding the .....
Tag this Judgment!Court : Karnataka Dharwad
..... proceed to examine the rival contentions. the first respondent-state by way of ordinance bearing no.2/2020 has brought in amendment to sections 179 and 180 of karnataka grama swaraj and panchayat raj amendment act, 1993(karnataka act 14 of 1993) whereby the length of time of moratium which was earlier 30 months is reduced to 15 months. ..... to remain unworkable. by relying on this judgment, learned senior counsel would argue and contend before this court that unless proper rules are framed under amended section 179(3) of the act, no- confidence motion cannot be moved against the adhyaksha and upadhyaksha of the zilla panchayat. he would further rely on the judgment of the hon ..... the office bearers and members of zilla 27 panchayat and the said power is now conferred on regional commissioner or any other equivalent officer by amending section 180(6) of the act.17. learned senior counsel in view of the above said contentions would submit to this court that it is only the regional commissioner or .....
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..... the accused persons sharing the common intention must be physically present at the scene of occurrence and be shown not to have dissuaded themselves from the intended criminal act for which they shared the common intention. culpability under section 34 cannot be excluded by mere distance from the scene of occurrence. the presumption of 43 constructive ..... lj689 . referring to section 34 prior to its amendment in 1870 wherein it was provided 44 when a criminal act is done by several persons, each of such persons is liable for that act in the same manner as if the act was done by him alone it was noticed that by amendment, the words in furtherance of common intention of ..... all were inserted after the word persons and before the word each so as to make the object of the section clear. dealing with the scope of the section, as it exists today, it was held: section 34 lays down a principle of joint liability in the doing of a criminal act .....
Tag this Judgment!Court : Karnataka Dharwad
..... tests formulated by the hon ble apex court in state of tamil nadu vs. state of kerala and another reported in air2014sc2407 if applied to the present impugned amendment act 4 of 2015, the same has to be held ultravires the constitution.44. in the light of the above said discussion, i am of the view that ..... of aided institutions are not entitled for additional increment for having passed kannada examination. this court is of the view that provisions made in the impugned amendment act 4 of 2015 is not sustainable and the same is illegal, besides in violation of doctrine of separation of powers enshrined under article 50 of the constitution. ..... consequentail benefits to the petitioners. a(1) issue a writ of certiorari or any other appropraite writ by striking down the karnataka education act no.4 of (amendment) 2015 to the section87of the karnataka education amendment act, 2014, passed by respondent no.1, 5 and6 as the same is unconstitutional. these petitions coming on for dictating orders this day .....
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..... being c arried in goods vehicle, when th at vehicle mee ts with an accident. in af ter under cl aims covered the3) the motor vehicles act, prov isions of f rom amendment 1988, insurance 14.11.1994 company is liable to pay compe nsation for the injury sustained or de ath caused to o wner of the goods or ..... the guidelines 22 issued by the karnataka state legal service authority for settlement of cases before lok adalat, the notional income of the deceased, for the accident of the year 2007, has to considered at `4,000/- per month. the claimants are also entitled for compensation towards loss of future prospects at 40%, which comes to `1,600/-. the ..... recover from the insured in the very proceedings by filing an execution petition.25. the claimants have sought for enhancement of compensation. the accident in question occurred on 27.6.2007. the tribunal has considered the income of the deceased at `3,000/- per month for awarding compensation. the age of the deceased is considered as 32 years as .....
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